Selling an Inherited Home That Has Minor Co-Owners: What You Need to Know in Florida

Disclaimer: This is educational information only and is not legal advice. Consult a Florida attorney about your specific situation before taking action.

Short answer

If a home is inherited by multiple co-owners and one or more of those co-owners are minors, you usually must get court approval (or a guardian appointed) before the minor’s interest can be sold or transferred. The exact steps depend on how title passed (by probate, by deed with a beneficiary designation, or by joint ownership), whether a personal representative or guardian is already in place, and whether all co-owners agree. Florida’s probate and guardianship laws provide the procedures and protections for minor beneficiaries. See Florida probate statutes (Chapter 733) and guardianship statutes (Chapter 744) for governing rules:

Florida Statutes – Chapter 733 (Administration of Estates)
Florida Statutes – Chapter 744 (Guardianship)
Florida Statutes – Chapter 64 (Partition) (if co-owners disagree)

Detailed answer — step-by-step overview

1. Identify how the minor acquired the interest

Determine whether the home passed to heirs through probate (the decedent’s will or intestacy) or outside probate (for example, as joint tenants with right of survivorship, or via a transfer-on-death deed). The path matters because it controls who has authority to sell and whether the court must be involved.

2. If the property is part of an open probate estate

If the property is estate property under a probate administration, the personal representative (executor) manages estate assets under Florida’s probate statutes and may have authority to sell real property as part of estate administration. The personal representative must follow the procedures in the probate code and the probate court’s orders. See Chapter 733.

3. If the minor’s interest already vests outside probate

If title passed directly to the minor (for example, by beneficiary deed or via intestate distribution before probate administration is complete), a minor cannot sell or convey real property on their own. The minor’s interest requires a court-supervised mechanism to sell or to permit a guardian or conservator to sign on the minor’s behalf.

4. Typical routes to obtain court approval

Appointment of a guardian of the minor’s property (Chapter 744): A guardian of the property (sometimes combined with a guardian of the person) may be appointed by the probate/guardianship court. The guardian must petition the court for authority to sell real property if needed and obtain the court’s approval for the sale, including any sale terms the court deems necessary to protect the minor’s interest.
Probate court order approving sale or settlement: If the property is part of an estate, the personal representative can ask the probate court to authorize the sale of the property and to approve how the sale proceeds will be handled for the minor’s share (for example, placement in a blocked account or guardianship account).
Minor’s compromise or guardianship settlement: In some cases the court will approve a settlement or division of proceeds for a minor via a formal petition (often called a minor’s compromise, or a petition to sell minor’s property) and order how funds will be held or invested for the minor.
Partition action (Chapter 64): If co-owners do not agree to sell, a co-owner may file a partition action asking the civil court to divide or force the sale of the property. The court will protect the minor’s interest in that process and may require appointment of a guardian ad litem or other protections.

5. Typical filings and court steps

File the appropriate petition in probate or county court: e.g., petition for appointment of guardian of the property, petition to authorize sale of estate real property, or petition for approval of a minor’s settlement.
Provide notice: The court will require notice to interested parties, including the minor’s parent(s), other co-owners, and, when necessary, a guardian ad litem appointed to represent the minor’s interests.
Appraisal and proposed sale terms: Courts commonly require a recent appraisal or competitive valuation and will review sale terms to ensure the minor receives fair value.
Bond and safeguards: The court may require a bond from the guardian or personal representative and will specify how the minor’s proceeds will be managed (blocked account, guardianship account, purchase of certain investments, or other protections).
Hearing and court order: After notice and any hearing, the judge will enter an order authorizing the sale and directing how to handle the minor’s proceeds and documentation needed to complete the transaction.
Closing and distribution: Once the sale is authorized and closed, the court’s order (or court approval paperwork) will be used to transfer title and deposit proceeds according to the court’s instructions.

6. Practical details and common court requirements

Appraisal or broker opinion: Courts often want an independent appraisal or multiple broker opinions to show the sale price is fair.
Guardian ad litem: Courts frequently appoint a guardian ad litem or attorney to represent the minor in litigation or contested proceedings.
Blocked account / guardianship accounting: The court will control how the minor’s share is held — a blocked bank account, guardianship estate, or periodic supervision with accounting may be required.
Bond and fees: Expect guardian or fiduciary bond requirements, court costs, and attorney and guardian fees to be deducted or considered in the court review.
Timeframe: Court approval procedures can take weeks to months depending on complexity, notice periods, and whether the sale is contested.

When to consider a partition action

If co-owners cannot agree on sale or division of proceeds, any co-owner may file a partition action under Florida law to force division or sale of the property. A partition action triggers its own court process and the court will make arrangements to protect a minor’s interest (including appointment of a guardian ad litem). See Chapter 64 for partition rules.

Helpful hints

Start by determining how title passed: probate vs. beneficiary deed vs. joint tenancy. This will narrow the correct process.
Consult a Florida probate/guardianship attorney early. The procedures and required paperwork (petitions, proposed orders, appraisals, notices) are technical and courts expect specific forms and language.
Collect documentation: death certificate, deed, will or intestacy paperwork, title report, tax records, mortgage payoff, and any probate case numbers if the estate is open.
If all adult co-owners agree, the process is usually faster: the guardian (or personal representative) can ask the court to approve a consensual sale with supporting valuation evidence.
Expect the court to protect the minor’s money: the judge may require blocked accounts, restricted investments, or ongoing court supervision of expenditures for the minor’s benefit.
Plan for costs and timing: court fees, appraisal fees, attorney fees, and potential bond premiums will affect net proceeds and can extend the schedule.
If co-owners disagree, consider mediation before filing a partition suit; court litigation is more time-consuming and costly.

Where to find Florida statutes and more information

Key Florida statutory chapters referenced in this article:

Because procedures vary with the facts, contact a Florida probate or guardianship attorney if you need help preparing petitions, valuations, or court paperwork.